Vote Bundle Text (950207-11)

Amendments proposed to the Serious Organised Crime and Police Bill, As Amended - continued	House of Commons

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Mr Secretary Clarke

142

Page 171, line 11 [Schedule 7], at end insert—

'Theft Act 1968 (c.60) In Schedule 1 (offences of taking or destroying fish), paragraph 2(4).

Lotteries and Amusements Act 1976 (c.32) In section 19 (search warrants), the second paragraph (b).

Animal Health Act 1981 (c.22) Section 60 (duties and authorities of constables).'.

Mr Secretary Clarke

143

Page 175, line 18 [Schedule 7], at end insert—

Other amendments

Game Laws (Amendment) Act 1960 (c.36)

(1) The Game Laws (Amendment) Act 1960 is amended as follows.

(2) In section 2 (power of police to enter on land), in subsection (1)(b), for "section 25" substitute "section 24".

(3) In section 4 (further provisions as to seizure and forfeiture), in subsection (1), for "section 25" substitute "section 24".

Immigration Act 1971 (c.77)

In section 28A of the Immigration Act 1971 (arrest without warrant), in each of subsections (1) and (9A), for "A constable or" substitute "An".

Customs and Excise Management Act 1979 (c.2)

In section 138 of the Customs and Excise Management Act 1979 (provisions about arrest), in subsection (4)(b), after "section 24" insert "or 24A".

This paragraph has the same extent as that Act.

Animal Health Act 1981 (c.22)

(1) The Animal Health Act 1981 is amended as follows.

(2) In section 61 (powers of arrest as to rabies)—

(a) in subsection (2), after "applies" insert "for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984",

(b) for the heading substitute "Powers of entry and search in relation to rabies offences".

(3) For the heading to section 62 (entry and search under section 61) substitute "Entry and search in exercise of powers to seize animals".

Wildlife and Countryside Act 1981 (c.69)

In section 19 of the Wildlife and Countryside Act 1981 (enforcement), in subsection (2), for "section 25" substitute "section 24".

This paragraph extends also to Scotland.

Aviation Security Act 1982 (c.36)

In section 13 of the Aviation Security Act 1982 (power to require aerodrome managers to promote searches at airports), in subsection (5)(a), for "25" substitute "24A".

This paragraph has the same extent as that Act.

Police and Criminal Evidence Act 1984 (c.60)

In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc.), in subsection (1)—

(a) for paragraph (c)(iiia) substitute—

"(iiia) section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;

(iiib) section 27 or 29 of the Transport and Works Act 1992 (which relate to offences involving drink or drugs and to associated breath tests);",

(b) after paragraph (ca) insert—

"(caa) of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;".

Road Traffic Act 1988 (c.52)

In section 184 of the Road Traffic Act 1988 (application of sections 5 to 10 of that Act to persons subject to service discipline), for subsection (2) substitute—

"(2) A member of the provost staff may arrest a person for the time being subject to service discipline without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under section 4.

(2A) The power conferred by subsection (2) is exercisable outside as well as within Great Britain."

This paragraph has the same extent as section 184 of that Act.

Aviation and Maritime Security Act 1990 (c.31)

In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (10)(a), for "25" substitute "24A".

This paragraph has the same extent as that Act.

Deer Act 1991 (c.54)

In section 12 of the Deer Act 1991 (powers of search, arrest and seizure), in subsection (2)(b), for "section 25" substitute "section 24".

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19)

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows—

(a) in section 2 (entering U.K. without passport, etc.), in subsection (10), for "a constable or" substitute "an",

(b) in section 35 (deportation or removal: cooperation), in subsection (5), for "a constable or" substitute "an".

Gangmasters (Licensing) Act 2004 (c.11)

The Gangmasters (Licensing) Act 2004 is amended as follows—

(a) in section 14 (offences: supplementary), in subsection (1), for "section 24(4) and (5)" substitute "section 24A",

(b) in Schedule 2 (application of Act to Northern Ireland), in paragraph 14, for "section 24(4) and (5)" substitute "section 24A".

This paragraph has the same extent as that Act.'.

Mr Secretary Clarke

Page 175, line 30 [Schedule 8], leave out 'relevant licensing offences or relevant byelaws' and insert 'or relevant licensing offences'.

Mr Secretary Clarke

Page 176, line 6 [Schedule 8], at end insert—

'( ) Where—

(a) a designation applies this paragraph to any person ("the CSO"); and

(b) by virtue of the designation the CSO has the power to impose a requirement under sub-paragraph (2) in relation to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.'.

Mr Secretary Clarke

169

Page 189, line 29 [Schedule 11], leave out 'Subject to subsection (2) below,'.

Mr Secretary Clarke

170

Page 189, line 37 [Schedule 11], leave out from beginning to end of line 2 on page 190.

Mr Secretary Clarke

171

Page 192, line 21 [Schedule 11], leave out '(4)(a)' and insert '(4)'.

Mr Secretary Clarke

172

Page 193, line 33 [Schedule 11], at end insert—

'Part 2

Northern Ireland

7 The Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) is amended as provided in paragraphs 8 and 9.

8 After Article 36 insert—

"36ZA Parental compensation orders

(1) A magistrates' court may make an order under this Article (a "parental compensation order") if on the application of a person of a description specified for the purpose in an order made by the Secretary of State (referred to in this Article and in Articles 36ZB and 36ZC as the "applicant") the court is satisfied, on the civil standard of proof—

(a) that the condition mentioned in paragraph (2) is fulfilled with respect to a child under the age of 10; and

(b) that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.

(2) The condition is that the child has taken, or caused loss of or damage to, property in the course of—

(a) committing an act which, if he had been aged 10 or over, would have constituted an offence; or

(b) acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

(4) The amount of compensation specified may not exceed £5,000 in all.

(5) The Secretary of State may by order amend paragraph (4) so as to substitute a different amount.

(6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

(7) An order under paragraph (1) or (5) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c.36) applies to such an order.

36ZB Parental compensation orders: the compensation

(1) When specifying the amount of compensation for the purposes of Article 36ZA(3), the magistrates' court shall take into account—

(a) the value of the property taken or damaged, or whose loss was caused, by the child;

(b) any further loss which flowed from the taking of or damage to the property, or from its loss;

(c) whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);

(d) whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);

(e) the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;

(f) whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.

(2) If property taken is recovered before compensation is ordered to be paid in respect of it—

(a) the court shall not order any such compensation to be payable in respect of it if it is not damaged;

(b) if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.

(3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

(4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his financial circumstances as the court may require.

(5) A person who without reasonable excuse fails to comply with an order under paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) If, in providing a statement of his financial circumstances pursuant to an order under paragraph (4), a person—

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly provides a statement which is false in a material particular; or

he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Proceedings in respect of an offence under paragraph (6) may, despite anything in Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the applicant, whichever period expires earlier.

(8) Paragraphs (1)(e) and (4) to (7) do not apply in the case of an order specifying an authority as liable to pay the compensation.

36ZC Parental compensation orders: supplemental

(1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

(2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

(3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under paragraph (4)(b)) as a result of failure to comply with any of those requirements;

(c) that the court has power (under paragraph (4)(a)) to review the order on the application either of the parent or guardian or of the applicant.

(4) A magistrates' court which has made a parental compensation order may make an order under paragraph (5) if while the order is in force—

(a) it appears to the court, on the application of the applicant, or the parent or guardian subject to the order, that it is appropriate to make an order under paragraph (5); or

(b) it is proved to the satisfaction of the court, on the application of the applicant, that the parent or guardian subject to it has failed to comply with any requirement included in the order.

(5) An order under this paragraph is an order discharging the parental compensation order or varying it—

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6) Where an application under paragraph (4) for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that paragraph by any person except with the consent of the court which made the order.

(7) References in this Article to the magistrates' court which made a parental compensation order include any magistrates' court acting for the same county court division as that court.

36ZD Parental compensation orders: appeal

(1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

(2) The appeal lies to the county court.

(3) On the appeal the county court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal;

(b) may also make such incidental or consequential orders as appear to it to be just.

(4) Any order of the county court made on an appeal under this Article (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of Article 36ZC, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the county court.

(5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

36ZE Effect of parental compensation order on subsequent award of damages in civil proceedings

(1) This Article has effect where—

(a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

(b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

(a) any amount by which they exceed the compensation; and

(b) a sum equal to any portion of the compensation which he fails to recover.

(3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in paragraph (2)(b), without the leave of the court."

9 In Article 2 (interpretation), in paragraph (2), in the appropriate place insert—

""parental compensation order" has the meaning given by Article 36ZA(1);".

10 The amendments made by paragraph 8 of this Schedule do not apply in relation to any conduct which occurred before the coming into force of that paragraph.'.